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ARTICLE · 14 OCTOBER 2023

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Senior Executive Service – a harsh or uncalled for dismissal is not reviewable

Bartier Perry Solicitors
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The dismissal may have been harsh or uncalled for, but the Court had no jurisdiction to adjudicate on the matter.

AustraliaGovernment, Public Sector
James Mattson
James Mattson
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A senior executive, Mr Azzi, allegedly disobeyed a direction on three occasions and was terminated for misconduct. Mr Azzi challenged the decision on the grounds that the decision was infected by jurisdictional error. The NSW Supreme Court disagreed: Azzi v State of New South Wales [2023] NSWSC 1028.

The Government Sector Employment Act 2013 (GSE Act) severely curtails the right to review a dismissal decision for the NSW senior executive service. Section 58(7) of the GSE Act says no proceedings lie in respect of such dismissal decisions. However, the NSW Supreme Court has a power to overturn such decisions where the person making the decision acted outside of their legal authority to do so. This is known as a jurisdictional error.

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